Kerala High Court
Akhil P.V vs The State Of Kerala on 9 May, 2025
WP(C) NO. 12074 OF 2025
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2025:KER:33707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
WP(C) NO. 12074 OF 2025
PETITIONERS:
1 AKHIL P.V
AGED 32 YEARS
S/O.VELAYUDHAN P.V., PALLATHUNJALIL HOUSE,
THENGODE P.O., KAKKANAD S.O.,
ERNAKULAM., PIN - 682 030
2 ANILA
AGED 34 YEARS
W/O. PAVITHRAN., SREEVALLIYIL VEEDU,
NEDUMPANA P.O., KOLLAM., PIN - 681 576
BY ADV AMALENDU N.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL
TRANSPLANTATION
TRANSPLANTATION REPRESENTED BY ITS CHAIRMAN/THE
PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY
P.O., ERNAKULAM., PIN - 683 104
3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
MEDICAL TRUST HOSPITAL, MG ROAD,
PALLIMUKU, ERNAKULAM., PIN - 682 016
*4 DEPUTY SUPERINTENDENT OF POLICE (CORRECTED)
UNDER THE ADDL. SUPERINTENDENT OF POLICE),
WP(C) NO. 12074 OF 2025
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KOLLAM DISTRICT PIN - 691 531
ADDRESS OF R4 IS CORRECTED AS
ASSISTANT COMMISSIONER OF POLICE
(UNDER THE COMMISSIONER OF POLICE KOLLAM CITY),
CHATHANNOOR, KOLLAM, PINCODE: 691 572
[AS PER ORDER DATED 16/04/2025 IN I.A 2/25 IN WP(C)
12074/2025]
SRI RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12074 OF 2025
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HARISANKAR V. MENON, J
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WP(C) No.12074 of 2025
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Dated this the 09th day of May 2025
JUDGMENT
The petitioners have filed the captioned writ petition,
pointing out that the 1st petitioner herein is a chronic kidney
patient and that the 2nd petitioner has voluntarily agreed to
donate her kidney to the 1st petitioner and further that the
respondents are insisting on production of a certificate of
altruism for processing the joint application filed by the
petitioners.
This Court notices that, on 27.03.2025, it was pointed
out on behalf of the 3rd respondent that the joint application
was returned since the same was defective, permitting the
petitioner to resubmit the same and move this writ petition.
This Court further notices that the requirement for a
certificate of altruism is to be considered by the Authorization
Committee - the 2nd respondent herein, if necessary.
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In the result, this writ petition would stand disposed
of with the following directions;
i. The 3rd respondent - Chairman/Medical Director
of the Local Level Committee for Renal
Transplantation of the Hospital concerned, will
forward the applications of the petitioners, along
with all necessary documents, except 'Certificate
of Altruism', to the 2nd respondent - DLAC; and
this shall be done within a period of one week
from the date of receipt of a copy of this
judgment.
ii. On the afore applications reaching the 2nd
respondent - DLAC, its competent Authority will
notify the petitioners and inform them whether
they have to obtain a 'Certificate of Altruism'
from the concerned Police Authority.
iii. If the DLAC is to find that no such Certificate is
required in these cases, they will complete the
processes, leading to necessary permissions to
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be granted to the petitioners, within a period of
one month thereafter.
iv. However, if, on the contrary, the DLAC is to find
that Certificates of Altruism' are required to be
obtained by the petitioners, they will intimate
them of such within a period of two weeks from
the date on which they receive applications from
the 3rd respondent; upon which, the petitioners
will be required to obtain the same and produce
it before the said Authority, as per law.
v. On the afore being done, the DLAC will take a
final decision on the petitioners' request, within a
period of one month from the date on which such
Certificate is produced.
Needless to say, if the 2nd respondent calls upon the
petitioners to obtain a 'Certificate of Altruism', the 4 th
respondent - Assistant Commissioner of Police, or such other
competent Authority, will act upon the applications for such to
be made before them; and will issue necessary certificates
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without any avoidable delay, but not later than two weeks
from the date on which it is received by them, after making
all necessary enquiries.
Sd/-
HARISANKAR V. MENON
DM
JUDGE
WP(C) NO. 12074 OF 2025
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APPENDIX OF WP(C) 12074/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
28.11.2024. ISSUED TO THE 1ST PETITIONER BY
DR. P.H. MOHAMED IQUBAL., CONSULTANT
NEPHROLOGIST, (REG.NO:20782) OF MEDICAL TRUST
HOSPITAL, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED
05.02.2025 IN FORM NO. 11 OF TRANSPLANTATION
OF HUMAN ORGANS AND TISSUES RULES, 2014.
Exhibit P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE 2ND
PETITIONER BEFORE THE NOTARY PUBLIC ON
05.02.2025 BY GIVING HER CONSENT TO DONATE
HER KIDNEY TO THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE JOINT AFFIDAVIT DATED
28.01.2025 SWORN BY THE 1ST AND 2ND
PETITIONER BEFORE THE NOTARY PUBLIC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 15.01.2025
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN SOUBIYA V.
DISTRICT LEVEL AUTHORISATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM
(2023 (6) KHC 293)' ALONG WITH ITS CONNECTED
CASE.
